Terms and Conditions

Please read the following terms and conditions carefully before using this website.

Your access to and use of this website is conditional upon your acceptance of and compliance with these Terms of Use. By using this website, you represent that you have read, understood and agree to be bound by these Terms.

If you do not agree to be bound by these Terms of Use, you must not use this website.

The products and services we offer or provide on this website also have their own specific governing terms and conditions which will apply in addition to these Terms of Use. The terms and conditions for a specific product or service include any terms and conditions found on your screens and when using any part of this website or in any Product Disclosure Statement for a product.

To avoid any doubt, in the event of any inconsistency between the terms and conditions for a specific product or service and these Terms of Use, the terms and conditions for the specific product or service will prevail for that specific product or service.

1. Ownership and intellectual property rights

AGA Assistance Australia Pty Ltd ABN 52 097 227 177 AFS Licence No. 245631 is the operator of this website ("Operator").This website and all the materials displayed on or available through this website, is protected by copyright, trademark and other intellectual property laws and owned by or licensed to the Operator and/or its various third party providers and distributors . Much of the content found on this website is owned by third party providers and distributors though certain data is the copyrighted work of the Operator and other information providers. In addition, the trademarks, logos and service marks displayed on this website ("Trademarks") are registered and common law trademarks of the Operator, its affiliates or various third parties. Nothing contained on this website should be construed as granting (by implication, estoppel, or otherwise) any license or right to use any of the content on the website or Trademarks without the prior written permission of the Operator, or such other party that may own the content on the website or Trademarks. Except as otherwise expressly permitted by the Operator or relevant third party, you must not copy, reproduce, republish, download, post, transmit or distribute in any way any materials available from this website.

2. Use of Website

The Operator grants you a limited, non-exclusive, non-transferable right to use this website in accordance with these Terms of Use.

You agree that you:

a) shall only use this website to obtain quotations or make legitimate reservations or purchases and shall not use this website for any other purposes.

b) shall not employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails transmitted through this website.

c) shall not, except as permitted under any applicable law, copy, reproduce, republish, download, post, transmit, distribute or otherwise communicate to the public any of the content provided on this website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without the prior written permission of the Operator and/or its third party providers and distributors, except that you may download, display and print the materials presented on this website for your personal, non-commercial use only provided that you also retain all copyright and other proprietary notices contained on the materials.

d) shall not use any "robot," "spider", "crawler" or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this website, in any case without the prior written permission of the Operator.

e) shall not, except as permitted under applicable law, alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from any content or component from this website.

f) shall not transmit or otherwise transfer any web pages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other website or in any environment of networked computers is prohibited.

g) shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this website.

h) shall not take any action that imposes a burden or load on our infrastructure that the Operator deems in its sole discretion to be unreasonable or disproportionate to the benefits the Operator obtains from your use of the website.

i) shall not make any unauthorised use of this website and/or the materials contained on this website to violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any such notices.

j) shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct.

k) shall not post or transmit any information which: (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (iii) contains a virus, bug, worm, time bomb, trojan horse, trap door or other harmful item, (iv) is used to unlawfully collude against another person in restraint of trade or competition, or (v) creates any liability for the Operator or causes the Operator to lose (in whole or in part) the services of our internet service providers or other suppliers.

The Operator neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties. You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other loss or harm resulting from your use of this website.

3. Registration

Use of this website may require you to register and provide certain data. In consideration of the Operator permitting you to use the website, in registering and providing such data, you represent and

warrant that: (a) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various registration forms on the website ("Registration Data"), and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Operator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Operator has the right to suspend or terminate your account and refuse any and all current or future access to and use of this website.

Upon registering, you will receive a password and user ID. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID. You may only maintain one user ID and password at any one time and may not use multiple user IDs or passwords. You are required to use your password for your own use only. You may not permit others to use your passwords. You agree to: (a) immediately notify the Operator of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Operator cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

4. Privacy

You agree that you have read the Operator's Privacy Policy, the terms of which are incorporated in the Terms of Use, and agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of information provided by the Operator to the persons and for the purposes set out in the Operator's Privacy Policy. You acknowledge and agree that the technical processing of this website and the transmission of transaction messages relating to the products and services on this website may involve: (a) transmissions of your Registration Data and other data collected and maintained by the Operator with regard to you, over various networks and to various countries, and (b) changes to conform and adapt your Registration Data and other data collected and maintained by the Operator with regard to you to meet the technical requirements of connecting networks or devices. The Operator will not be held responsible for events arising from third parties gaining unauthorised access to such data.

5. Security

The Operator's secure server software encrypts all of your personal information, including credit card information. The process of encryption takes the information you enter and converts it into bits of code that cannot be read and are securely transmitted over the internet.

Once your encrypted personal information is received by our secure server, its translated back into its original form and stored in the Operator's off-line database.

6. Review of Transmissions

The Operator is not obliged to but may from time to time monitor and review any information transmitted or received through this website. The Operator reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that the Operator deems inappropriate or in violation of the Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of this website constitutes your consent to such monitoring, copying and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this website, you grant the Operator and its affiliates a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise communicate to the public such content in any form, media or technology. You also waive all moral rights in relation to any such use of this content whether or not that use is presently contemplated. The Operator takes no responsibility and assumes no liability for any content posted or submitted by you.

7. Age & Responsibility

If you use this website, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your login information.

8. Online Purchases

A contract for the sale and purchase of products and services may be made online at this website by your acceptance of the products and services offered on the website ("Contract") by the Operator or where stated, by third party providers or distributors, and you agree to waive any rights to challenge the validity or enforceability of Contracts entered into on this website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed. Please note that by indicating your acceptance to purchase any product or service offered on the website, you are obligated to complete such transactions. You are prohibited from indicating your acceptance to purchase products and services where you do not intend to complete such transactions. You may not purchase goods or services that you are prohibited from purchasing or possessing by any applicable local laws. The responsibility for ensuring compliance with all applicable laws shall be yours alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase, utilise and/or possess such goods or services.

The Operator is not liable for any claims against non-fulfillment or unsatisfactory fulfillment of products and services purchased on your behalf by the Operator from any third party providers and distributors, such as, but not limited to, airlines, hotels, tour operators, car hire companies, insurance companies, and other entities.

The Operator reserves the right to decline any booking or purchase for any reason and shall not be held liable for any resulting claims for loss, damages or compensation. In such an event, the Operator shall refund to you all unutilised monies collected from you for that purchase.

9. Cancellation of Purchase

Please note that the terms and conditions for cancellation of purchases will vary for each product and service. Please therefore refer to the terms and conditions for a specific product or service including any applicable Product Disclosure Statement for the product. If there are no terms and conditions for a specific product or service, you may cancel your booking or purchase by calling our customer service centre during business hours. For certain services, you may also cancel your booking or purchase online at the website. Cancellation, at your request, may not be allowed or may require a minimum processing time of varying periods, subject to the specific terms and conditions applicable to the type of product or service purchased. Cancellation may be subject to cancellation fees which you agree to bear in full.

10. Changes to Purchase

Please note that the terms and conditions for changes to bookings and purchases will vary for each product and service. Please therefore refer to the terms and conditions for a specific product or service. If there are no terms and conditions for a specific product or service, you may NOT change your booking or purchase online at the website. You may otherwise change your booking or purchase online by calling our customer service centre during business hours. Changes, at your request, must be received by the Operator at least (7) days before travel or use to be effective and may be subject to administrative fees which you agree to bear in full.

11. Disclaimer and Limitation of Liability

The information contained within this website including in relation to any products and services is of a general nature only and is for the purpose of informing you about the Operator and/or its various third party providers and distributors and the products and services we offer, enabling you to undertake certain activities on-line and enabling the purchase of certain products on-line. Nothing on this website is or shall be deemed to constitute advice or any form of recommendation and you must not rely on any statement without obtaining your own advice financial product advice from a person who is licensed to give such advice.

The Operator makes no warranties about the reliability, accuracy or completeness of any information contained on the website or that your access and use of the website will be uninterrupted or error free.

To the full extent permitted by law, the Operator expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use of (or inability to access or use) this website or your reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the website, regardless of the knowledge of the Operator.

If, notwithstanding the foregoing, the Operator should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this website or its content, then to the full extent permitted by law the total liability of the Operator for all damages, losses and causes of action shall in no event exceed the amount paid by you, if any, while accessing or using this website or $1,000.00, whichever is the lesser.

To the full extent permitted by law, the Operator's liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage. In its sole discretion, in addition to any other rights or remedies available to the Operator without any liability whatsoever, the Operator may, at any time and without notice, terminate or restrict your access to and/or of any component of this website.

The Operator also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or downloading of any materials, data, text, images, video or audio from this website. You (and not the Operator) will assume the entire cost of all necessary servicing, repair or correction.

12. Indemnity

You agree that you shall defend and indemnify the Operator and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described in the Terms of Use or by third parties as a result of your use of this website.

13. Links

This website may contain links to other websites which are not maintained by the Operator and which are provided solely as a convenience to you and not as an endorsement of the contents of such other websites (whether express or implied) by the Operator. The Operator has not reviewed all of the linked websites and shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to link to other websites, you do so at your own risk and subject to the terms and conditions (if any) of the linked website and in particular, its own set of privacy policies that you are advised to check out.

Similarly, other websites may also link to this website. Any third parties that wish to establish links with this website should obtain the prior written consent of the Operator to do so and the Operator reserves the right to deny permission for any such links to the website. In particular, no third parties shall deep link to any page other than the Home page of this website without obtaining the prior written consent of the Operator to do so. However, if the Operator gives its permission for any such links, the Operator is not under any obligation to establish reciprocal links with the third party.

14. Relationship

Unless otherwise agreed in writing, the relationship between the Operator and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

15. Governing Law & Jurisdiction

Any disputes relating to this website or arising out of or in connection with the Terms of Use shall be governed by and construed in accordance with the law of Queensland, Australian and you agree to submit to the exclusive jurisdiction of the courts of Queensland.

16. Legal Fees & Expenses

If the Operator or any of its affiliates take any action to enforce the Terms of Use, such parties will be entitled to recover from you, and you agree to pay, all legal fees and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

17. Injunctive Relief

You acknowledge that a violation or attempted violation of any of the Terms of Use will cause irreparable damage to the Operator, the exact amount of which will be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Operator shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Operator in obtaining such an injunction, including, without limitation, all legal fees and expenses.

18. Termination

The Operator may terminate the Terms of Use at any time for any reason, including any improper use of this website or your failure to comply with the Terms of Use. Such termination shall not affect any right to relief to which the Operator may be entitled, at law or in equity. Upon termination of the Terms of Use, all rights granted to you will terminate and revert to the Operator and its third party providers or distributors, as applicable.

19. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations under the Terms of Use.

20. Modification

The Operator may at any time modify any part of the website, including the products and services and the Terms of Use at its sole discretion without prior notice and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use. The Operator also reserves the right to deny any person access and use of the website at any time.

21. Additional Terms

Additional terms and conditions may apply to reservations, purchases of products and services and other uses of portions of this website, and you agree to abide by such other terms and conditions, including additional terms and conditions that apply in relation to specific products and services.

22. Severability

The Terms of Use shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.

23. Headings

Headings are inserted for convenience only and do not affect the interpretation of the Terms of Use.

24. Entire Agreement

Unless otherwise agreed in writing, the Terms of Use, together with any terms and conditions incorporated or referred to in the Terms of Use, constitute the entire agreement between us relating to the subject matter of the Terms of Use, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

25. Communication With Users

The Operator reserves the right to communicate with you regarding this website and your use of this website or any product or service purchased by you on this website.